Skip to content

Fail to stop/report road accident

s.170(4) Road Traffic Act 1988 · Triable only summarily

Back to Offence Library

Sentencing framework

The sentencing framework for failing to stop or report a road accident involves categorizing the offence based on the offender's culpability and the harm caused. The court determines the starting point and sentence range depending on the category, with various aggravating and mitigating factors influencing the final sentence.

Maximum sentence

Unlimited fine and/or 6 months

Court

Triable only summarily

Starting point

Band A fine

Offence range

Band A fine – 26 weeks' custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Little or no attempt made to comply with duty
  • ·Evidence of bad driving
  • ·Failure to comply with current court orders
  • ·Commission of an offence while subject to a relevant court order

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Reasonably believed identity known
  • ·Significant attempt made to comply with duty
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Identifying culpability and harm
  3. Step 3 — Considering factors for reduction such as assistance to prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Totality principle
  6. Step 6 — Considering compensation and ancillary orders
  7. Step 7 — Providing reasons for the sentence
  8. Step 8 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • The court must ensure that requirements imposed are the most suitable for the offender and consider personal circumstances, especially impacts on dependants.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.